Direito social à moradia e sua exigibilidade judicial - análise de sua possibilidade no ordenamento jurídico brasileiro.

Abstract

The Right Social of housing is a fundamental right and is provided in Art. 6 of the Constitution of 1988. Brazil has a severe housing shortage, especially in the share of low-income population. The state has an obligation to provide housing for all who need a house and it must meet the minimum conditions for survival, such as sanitation, adequate infrastructure, etc.. The fundamental rights, according to § 1 of Art. 5 of the Constitution are applicable immediately. With the violation of social housing, there is the right to demand it in court. Various standards under the Constitution intended to ensure and protect the individual housing. Absence of specific instruments for the implementation of the social right to housing, through judicial channels. The judiciary is entitlend to enjoy any demand in this case can also be sued for non-housing has, in deference to the principle of inafastabilidade jurisdiction. The case law has manifested itself in ensuring housing for those who need and overlapped the right to housing for the right to property. Precedents of the Supreme Court of the possibility of lawsuit and that the State has the duty to dispose of such right. The specialized doctrine believes that it is entirely possible to require the state the right to housing through the judicial process, and the judiciary to interfere in the allocation policies of the Executive. The method used in this work is the inductive deductive. There is possibility of judicial demand the right to housing in the Brazilian legal system.